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Spec’s Family Partners, Ltd. v. The Hanover Insurance Co.

Court: SD Tx  07/23/2019  District Court Finds Duty to Defend Exists, but the Insured did not Establish Violation of the Texas Insurance Code or Entitlement to an Award of Attorneys' Fees

The court found that, although the insured filed suit agianst a third party, it did so in resistance of the third party's claims against the insured and, therefore, it was defensive in nature. Thus, a duty to defend was owed, but the insured did not establish that the insurer had paid less than was owed, so no breach of the policy was established.

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